Page 6 - Surplus Checklist
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Meet with key homeowners’ associations and community leaders concerning
                       recommended development plan.

               III. Board Action Declaring Property Surplus
                   Although the Education Code does not require the District to adopt an initial resolution to
                   commence the process of whether to declare District property as surplus, as of January 1,
                   2020, the District must declare the property as “surplus land” or “exempt surplus land”
                   pursuant to Government Code section 54221(b)(1).  The declaration must be made at a
                   regular meeting and must be supported by written findings.  Generally, all school district real
                   property appears to fall into the category of “exempt surplus land,” but the District may wish
                   to consult with legal counsel for confirmation, as this is a new legal requirement.  Declaring
                   the property as exempt surplus land will mean that the majority of the requirements in
                   Government Code sections 54220, et seq., will not apply, except for the requirement to
                   make written solicitations to agencies to purchase or lease the property for park and
                   recreational purposes.  This requirement is discussed in greater detail in section IV.B, below.

                   The Board may wish to make the above declaration in a resolution, which action would be
                   preliminary to the later resolution of intent to lease or sell the property, and can be used to
                   trigger the offer of the property to other public agencies.  To do so, the Board can adopt a
                   resolution taking each of the following actions:

                      Consider the 7-11 Committee’s recommendations.  (Ed. Code § 17388.)

                      Describe the property to be declared surplus.

                      Declare the property as exempt surplus land.

                      Authorize offers to other public agencies.

               IV. Required Offers
               A.  Offers Required by the Naylor Act
                   Determine whether the Naylor Act (Ed. Code §§ 17485, et seq.) applies.  The Naylor Act
                   applies when all of the following conditions are present (Ed. Code § 17486):

                      All or a portion of the property is used for school playground, playing field, or other
                       outdoor recreational purposes and open-space land particularly suited for recreational

                      The land has been used for such purposes for at least eight years immediately preceding
                       the Board’s decision to sell or lease the property.

                      No other available publicly owned land in the vicinity is adequate to meet the existing
                       and foreseeable needs of the community for playground, playing field, or other outdoor

               {SR540206}                                  Checklist for Sale or Lease of School District Surplus Property   5
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